Q. Can the members at a board meeting vote to have an item added to the agenda? If so, where in F.S. chapter 718 is that rule?
A. No, the members of the association may not vote to add an item to the agenda for a board meeting in session. However, the condominium and homeowners’ association statutes do provide a process whereby the members may petition the board to place items on the agenda for future board meetings.
Here’s what the statutes require – F.S. section 718.112(2)(c) –
Board of administration meetings. — Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.
1. …
If 20 percent of the voting interests petition the board to address an item of business, the board at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, shall place the item on the agenda. Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the board members. Such emergency action must be noticed and ratified at the next regular board meeting.
F.S. section 720.303(2) Board meetings –
(d) If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.
About Fred Gray
Fred Gray is the owner and President of Gray Systems, Inc and is a licensed general contractor in the state of Florida. Fred has been part of the Community Association Manager Continuing Education industry in Florida since 1988.
